Tenants Can't Depose Landlord

Facts: Landlord sued to evict rent-stabilized tenant. Landlord's notice of nonrenewal of tenant's lease stated that landlord wished to recover the apartment for use as his parents' primary residence. Tenant asked the court for permission to depose landlord before trial. Tenant claimed that he needed to do this to investigate landlord's good faith. Court: Tenant's request was denied. Discovery is allowed in a summary proceeding only where it appears necessary. Here tenant presented no specifics to support his request. Whether landlord is seeking possession of the apartment in good faith and whether the eviction is retaliatory are questions of fact to be presented at trial

[Khan v. Pizarro: NYLJ, p. 22, col. 6 (1/4/92) (Civ. Ct. Bronx; Fiorello, J)].